PROHIBITED IMPORTS
INTERSTATE TRANSFER : POLICE REGULATION AFTER ESTABLISHMENT OF FREEDOM OF INTERSTATE TRADE : INDECENT OR OBSCENE WORKS OR ARTICLES
CUSTOMS ACT 1901, ss. 50, 52, 55 : CUSTOMS ACT 1890 (VIC.) : CRIMES ACT 1900 (VIC.),s. 8
The Minister for Trade and Customs asks to be advised as to the following questions:
My opinion on these questions is as follows:
LEASES
WHETHER TO BE IN NAME OF COMMONWEALTH OF AUSTRALIA OR MINISTER
The Attorney-General desires that leases should be taken in the name of the Commonwealth, and is satisfied that no difficulty stands in the way of carrying out his desire.
I agree with the remarks in the second paragraph of the Crown Solicitor's memo.(1) It appears to me that if leases are taken in the name of a Minister considerable inconvenience may arise in the event of a change of ministry. The position might not be of great importance in one State but the case is different as regards the whole of the Commonwealth.
[Vol. 2, p. 22]
IRON MANUFACTURING
WHETHER COMMONWEALTH HAS POWER TO UNDERTAKE : WHETHER PARLIAMENT HAS POWER TO APPROPRIATE MONEYS FOR
CONSTITUTION, s. 51, 51 (i), (ii), (iii), (xiii), (xx), (xxxi), (xxxix)
The Minister for Trade and Customs submits the following minute:
The point was raised last night (10th June) as to whether the Federal Government could undertake the business of general iron manufacturers; and as the point will be further considered this afternoon I shall be glad to be advised thereon. Also as to the right to levy customs duties on State imports(1).
CUSTOMS DUTY
WHETHER CONTRACTOR TO COMMONWEALTH IMPORTING GOODS IS EXEMPT CUSTOMS TARIFF 1902
A question has arisen whether duty is to be paid on goods imported by contractors for the use of the Commonwealth Government.
A ruling of the Prime Minister was given on a case which arose some time ago and this ruling the Department of the Postmaster-General appear to have construed as deciding that all goods imported by contractors for the use of the Department were not subject to duty.
The Prime Minister's ruling is as follows:
CUSTOMS AGENT
WHETHER WRITTEN AUTHORITY SIGNED BY PRINCIPAL REQUIRED : MANNER OF SIGNING BY FIRMS AND COMPANIES
CUSTOMS ACT 1901, ss. 180, 181
The Minister for Trade and Customs desires to be advised in relation to the questions raised in the following extract from a letter dated 20 May 1902 of the Collector of Customs at Port Adelaide:
CUSTOMS DUTY
WHETHER DISCOUNTS MAY BE ALLOWED IN ESTIMATING VALUE OF GOODS CONSISTING OF SAMPLES : DEPRECIATION IN VALUE OF GOODS
CUSTOMS ACT 1901, s. 154
The Sub-Collector of Customs at Townsville in a memorandum dated 3 March 1902 to the Collector of Customs, Brisbane says:
Please advise whether discounts which vary from 20 per cent to 33W per cent taken off invoices for samples either for commercial travellers or to order from are to be allowed in estimating value for duty.
The Minister for Trade and Customs asks for advice on the validity of claims for allowances on samples.
EXCISE DUTY
WHETHER THAT PORTION OF DUTY COLLECTED WHICH IS TO BE SUBSEQUENTLY REBATED IS REVENUE OF COMMONWEALTH : ACCOUNTING PROCEDURE
CONSTITUTION, s. 81 : AUDIT ACT 1901, s. 61 : EXCISE TARIFF 1902 : CUSTOMS TARIFF 1902
The Treasurer sends the following memo:
Customs Bill(1) provides for collection of duty on imported sugar.
Excise(2) provides for collection of excise at £3 and rebate of £2.
It appears to me that a vote must be put on the estimates for the amount.
The excise is paid by one person-the rebate is paid to someone else.
The amount collected as excise has to be credited to State in which sugar is used. Black and white is all mixed up. How is the amount to be credited to be arrived at?
CUSTOMS DUTY
WHETHER GOODS FOR OFFICIAL USE OF CONSULS ARE EXEMPT CUSTOMS TARIFF 1902
The Consul-General for the United States has called the attention of the Acting Prime Minister to the fact that a package of official consular supplies bearing the seal of the Department of State, Washington, and accompanied by an invoice from the Department, was not allowed to be taken possession of by the Consulate until it was opened, and the contents examined by a Customs official at Melbourne, and payment of 5s. duty. This occurred on 19 May last.
CUSTOMS
WHETHER OFFICE ACCOMMODATION TO BE PROVIDED BY WHARF-OWNERS MUST BE FREE
CUSTOMS ACT 1901, s. 19
The Port Adelaide Dock Company Limited has sent in to the Customs an account for £7.10.0 for rent, from 1 July to 31 December 1901, of an office on their wharf used by the landing waiters of the Department.
CUSTOMS
WHETHER CAMELS OR THEIR PACK-SADDLES ARE CARRIAGES
CUSTOMS ACT 1901, s. 4
It is stated that owing to the suspension of river navigation the town of Wilcannia is dependent upon supplies carried from Broken Hill principally by camels.
The question has arisen in relation to the carriage of bonded goods whether camels or their pack-saddles are carriages within the meaning of the Customs Act and Regulations, and the Minister for Trade and Customs has asked for advice on the question.
The definition of carriage in the Customs Act is as follows:' "Carriage" includes vehicles and conveyances of all kinds'.